condominium

C.M. Callow Inc. v. Zollinger: Silence Results in a Breach of Contract

In the Supreme Court of Canada’s (“SCC”) recent decision, C.M. Callow Inc. v. Zollinger, 2020 SCC 45 [Callow SCC], the Court expanded their holding from Bhasin v. Hrynew, 2014 SCC 71 [Bhasin]. Bhasin clarified the principle of good faith in contract law and introduced the duty of honest performance — the requirement not to lie […]

DCC 45 v Swan: Drawing Key Distinctions between the Duties of Loyalty and Care

Durham Condominium Corporation No. 45 v  Leslie Arthur Swan, 2015 ONCA 590 [Swan] is a brief case that raises key issues around board members’ statutory and contractual entitlements to be indemnified for legal liability and costs personally incurred in the course of duty. However, the issue that stands at the forefront of this case concerns […]